227,642Section
642. 144.47 of the statutes is renumbered 289.97, and 289.97 (1) (a), as renumbered, is amended to read:

289.97 (1) (a) If the department has reason to believe that a violation of ss. 144.43 to 144.47this chapter or any rule promulgated or special order, plan approval, or any term or condition of a license issued under those sectionsthis chapter occurred, it may:

1. Cause written notice to be served upon the alleged violator. The notice shall specify the law or rule alleged to be violated, and contain the findings of fact on which the charge of violation is based, and, except as provided in s. 144.44 (8)289.95, may include an order that necessary corrective action be taken within a reasonable time. This order shall become effective unless, no later than 30 days after the date the notice and order are served, the person named in the notice and order requests in writing a hearing before the department. Upon such request, the department shall after due notice hold a hearing. Instead of an order, and except as provided in s. 144.44 (8)289.95, the department may require that the alleged violator appear before the department for a hearing at a time and place specified in the notice and answer the charges complained of; or

2. Initiate action under s. 144.98299.95.

227,643Section
643. 144.48 of the statutes is renumbered 299.51, and 299.51 (1) (a), (b) and (c) to (e), as renumbered, are amended to read:

(b) "Medical waste" means infectious waste, as defined in s. 159.07287.07 (7) (c) 1. c., and other waste that contains or may be mixed with infectious waste.

(c) "Solid waste disposal" has the meaning given in s. 144.43 (4r)289.01 (34).

(d) "Solid waste facility" has the meaning given in s. 144.43 (5)289.01 (35).

(e) "Solid waste treatment" has the meaning given in s. 144.43 (7r)289.01 (39).

227,644Section
644. 144.50 of the statutes is renumbered 299.53, and 299.53 (4) (a) 3., as renumbered, is amended to read:

299.53 (4) (a) 3. Refer the matter to the department of justice for enforcement under s. 144.98299.95.

227,645Section
645. 144.52 of the statutes is renumbered 299.55, and 299.55 (1) and (2) (a) and (d), as renumbered, are amended to read:

299.55 (1) Records. Except as provided under sub. (2), records and other information furnished to or obtained by the department in the administration of ss. 144.50 and 159.15287.15 and 299.53 are public records subject to s. 19.21.

(2) (a) Application. Any person subject to s. 144.50 or 159.15287.15 or 299.53 may seek confidential treatment of any records or other information furnished to or obtained by the department in the administration of s. 144.50 or 159.15287.15 or 299.53.

(d) Use of confidential records. Except as provided under par. (c) and this paragraph, the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of s. 144.50 or 159.15287.15 or 299.53. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the applicant expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency or its authorized representative records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency or its authorized representative to protect the confidentiality of the records or other information.

227,646Section
646. 144.60 (title) and (1) of the statutes are repealed.

Note: This section repeals the "short title" of the hazardous waste management statutes. The repealed provision is as follows:

"144.60 (1) Title. Sections 144.60 to 144.74 shall be known and may be cited as the "Hazardous Waste Management Act"."

The use of short titles is an obsolete drafting style. A short title is entirely nonsubstantive and, therefore, adds nothing to the management statutes. Users of these statutes may continue to refer to them as the "hazardous waste management act" or by any other name that seems appropriate.

227,655Section
655. 144.61 (14) of the statutes is renumbered 291.01 (22) and amended to read:

291.01 (22) "Treatment facility" means a facility at which hazardous waste is subjected to treatment and may include a facility where hazardous waste is generated. This term does not include a waste water treatment facility whose discharges are regulated under ch. 147
283 unless the facility is required to be permitted as a hazardous waste treatment facility under the resource conservation and recovery act.

227,658Section
658. 144.62 (2) (b) of the statutes is renumbered 291.05 (2), and 291.05 (2) (b) and (c), as renumbered, are amended to read:

291.05 (2) (b) Except as provided under subd. 3.par. (c), the list of hazardous wastes shall be identical to the list promulgated by the U.S. environmental protection agency under s. 6921 (b) of the resource conservation and recovery act.

(c) The department may include or retain on the list of hazardous wastes any additional solid waste not included on the list promulgated by the U.S. environmental protection agency if the department determines that the additional solid waste has characteristics which identify it as a hazardous waste based on the criteria promulgated under par. (a)sub. (1) and if the department determines that the inclusion or retention is necessary to protect public health, safety or welfare. The department shall issue specific findings and conclusions on which its determinations are based and shall include or retain the additional solid waste on the list of hazardous wastes by rule.

227,662Section
662. 144.62 (5) of the statutes is renumbered 291.07 (2) and amended to read:

291.07 (2) The department may exempt by rule any person who generates, transports, treats, stores or disposes of hazardous wastes from any provision under ss. 144.60 to 144.74this chapter or from any rule promulgated under those sectionsthis chapter if the generation, transportation, treatment, storage or disposal does not present a significant hazard to public health and safety or the environment.

227,663Section
663. 144.62 (7) of the statutes is renumbered 291.05 (5) (b) and amended to read:

291.05 (5) (b) In developing requirements for licenses to transport hazardous waste under s. 144.64 (1)par. (a), the department shall maintain consistency with rules promulgated by the department of transportation.

227,664Section
664. 144.62 (8) of the statutes is renumbered 291.05 (6), and 291.05 (6) (f), as renumbered, is amended to read:

291.05 (6) (f) Corrective action under s. 144.735291.37.

227,665Section
665. 144.62 (8m) of the statutes is renumbered 291.07 (3) and amended to read:

291.07 (3) The department may promulgate rules which specify the duration of licenses issued under s. 144.64 (2)291.25.

227,667Section
667. 144.62 (10) of the statutes is renumbered 291.05 (3), and 291.05 (3) (a), as renumbered, is amended to read:

291.05 (3) (a) The department shall promulgate rules under sub. (2) (a) and (b)subs. (1) and (2) which establish not less than 2 nor more than 4 classes of hazardous waste and shall assign wastes to a particular class. The classes shall be based upon the relative degrees of hazard posed by the waste. Standards established under ss. 144.60 to 144.74this chapter for hazardous waste facilities or for equipment which transports hazardous waste shall recognize and differentiate between the classes of waste which the facility or equipment is intended to transport, treat, store or dispose.

227,668Section
668. 144.62 (12) of the statutes is renumbered 291.09 (2) and amended to read:

291.09 (2) If facilities or equipment subject to ss. 144.60 to 144.74this chapter are also subject to regulation by the department under other statutes or rules, the department shall integrate its regulatory processes to avoid duplicative or contradictory actions or requirements.

227,669Section
669. 144.62 (13) of the statutes is renumbered 291.11 (2) and amended to read:

291.11 (2) The department may waive compliance with any requirement under ss. 144.60 to 144.74this chapter or shorten the time periods under ss. 144.60 to 144.74this chapter to the extent necessary to prevent an emergency condition threatening public health, safety or welfare or the environment.

227,670Section
670. 144.62 (14) of the statutes is renumbered 291.91 (1) and amended to read:

291.91 (1) The department may inspect hazardous waste facility construction projects to determine compliance with ss. 144.60 to 144.74this chapter and rules promulgated and licenses issued under those sections
this chapter.

227,671Section
671. 144.62 (15) of the statutes is renumbered 291.11 (1) and amended to read:

291.11 (1) The department may hold hearings relating to any aspect of the administration of ss. 144.60 to 144.74this chapter and, in connection with those hearings, compel the attendance of witnesses and the production of evidence.

227,672Section
672. 144.62 (16) of the statutes is renumbered 291.93 and amended to read:

291.93 (title) Orders. The department may issue orders to effectuate the purposes of ss. 144.60 to 144.74this chapter and enforce those orders by all appropriate administrative and judicial proceedings.

227,673Section
673. 144.62 (17) and (18) of the statutes are renumbered 291.11 (3) and (4).

227,674Section
674. 144.63 of the statutes is renumbered 291.21, and 291.21 (1) and (7) to (9), as renumbered, are amended to read:

291.21 (1) Be responsible for testing programs needed to determine whether any material generated by them is a hazardous waste for purposes of ss. 144.60 to 144.74this chapter.

(7) Submit all reports required under ss. 144.60 to 144.74this chapter and rules promulgated under
those sectionsthis chapter.

(9) Arrange that all wastes generated by them are transported, treated, stored or disposed of at facilities holding a license issued under ss. 144.60 to 144.74
this chapter or issued under the resource conservation and recovery act.

227,680Section
680. 144.64 (2) (a), (am), (b), (c) and (d) of the statutes are renumbered 291.25 (1), (2), (3), (4) and (5), and 291.25 (1), (2) (a) and (b) and (3) to (5), as renumbered, are amended to read:

291.25 (1) The storage of hazardous waste at the generation site by the generator of that waste for a period of less than 90 days is not subject to this subsection
section. The storage of hazardous waste for a period of less than 10 days is exempt from this subsectionsection if the storage is in connection with the transporting or movement of the hazardous waste. Notwithstanding the exemptions granted under this paragraphsubsection, no person may store or cause the storage of hazardous waste in a manner which causes environmental pollution.

(4) The department may issue an interim license to a person who operates a hazardous waste facility if the person applies for a license under this subsection
section and complies with conditions and restrictions prescribed by rule or special order by the department pending the decision on the issuance of an operating license under this subsectionsection. This paragraphsubsection applies only if the facility was in existence on November 19, 1980, or on a subsequent date which is the effective date of the statute or rule requiring the facility to obtain an operating license under this subsectionsection. An interim license issued under this paragraphsubsection constitutes an operating license under this subsectionsection.

(5) An existing hazardous waste facility which was never licensed under this subsectionsection, whether or not it was previously authorized to receive hazardous waste under s. 144.44 (4)289.31, shall be treated as an unlicensed proposed facility which has not been constructed for the purpose of complying with par. (am) 1.sub. (2) (a), for the purpose of obtaining an operating license under this subsectionsection and for the purpose of administrative procedure and review under ch. 227.

227,681Section
681. 144.64 (2) (e) of the statutes is renumbered 291.87 (1m), and 291.87 (1m) (intro.) and (a) to (c), as renumbered, are amended to read:

291.87 (1m) (intro.) A license issued under this subsections. 291.25 may be denied, suspended or revoked if the applicant or licensee does any of the following: